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Teresa E. Martin v. Rochester Athletic Club and 21 Goodway Drive

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Department


December 30, 2010

TERESA E. MARTIN,
PLAINTIFF-APPELLANT-RESPONDENT,
v.
ROCHESTER ATHLETIC CLUB AND 21 GOODWAY DRIVE, INC., DEFENDANTS-RESPONDENTS.
ROCHESTER ATHLETIC CLUB AND 21 GOODWAY DRIVE, INC., THIRD-PARTY
PLAINTIFFS-RESPONDENTS,
YORUK PROPERTIES, LLC,
THIRD-PARTY
DEFENDANT-RESPONDENT-APPELLANT.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 14, 2009 in a personal injury action. The order granted defendants-third-party plaintiffs' motion for summary judgment dismissing plaintiff's complaint and granted plaintiff's cross motion for partial summary judgment.

Martin v Rochester Athletic Club

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2010

Appellate Division, Fourth Judicial Department

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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